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(영문) 창원지방법원진주지원 2016.02.03 2014가단35507

소유권이전등기

Text

1. The plaintiff's primary and conjunctive claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 29, 1982, the Defendants’ put the Defendants’ licenses died on or around January 19, 1997 after completing the registration of ownership transfer with respect to the instant land. The Defendants inherited the instant land and completed the registration of ownership transfer on or around June 12, 2013.

B. Of the instant land, the key part of the instant land is being used for cement block block structure, straw roof roof, one-story house, 64.4 square meters (hereinafter “instant building”), and its mags and fences, and I completed registration of preservation of ownership on the instant building on May 14, 1998.

C. The Plaintiff’s reference is the net J, and H is a penalty.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including each number), the result of the appraisal commission to the Korea Cadastral Corporation, the purport of the whole pleadings

2. The Plaintiff’s assertion that he/she purchased the instant land with H around October, 1982, and agreed to own the key part of the land by J, but the name of H alone.

J leased the key part of the land to K with the husband of the I and received rent.

J After the death of September 4, 1985, his spouse L continued to be the tea from K, and after K died on September 12, 1994, K was the tea from I.

The plaintiff independently succeeded to the right to the key part of the JJ's land. Since he indirectly occupied the key part of the land during the period from October 17, 1985 to 20 years from the death of J, the prescriptive acquisition of this part of the land was completed on October 17, 2005.

Even if the Plaintiff’s possession is not recognized through K, it is clear that the Plaintiff, who is his spouse after the death of K, directly occupied the key part of the land, and the Plaintiff indirectly occupied the key part of the land. As such, the prescription period for the acquisition of the land was completed on September 2, 2014, which was 20 years after the death of K, since September 2, 1994.

The Defendants shall take the procedure for the registration of ownership transfer on the part of the land at issue to the Plaintiff on the ground of the completion of prescription.